Present law provides that a person commits the offense of assisted suicide who provides the means or participates in the physical act with (i) actual knowledge that the other person intends to bring about their own death and (ii) the clear intent that the other person bring about such person's own death. In addition to the above, a person who commits the offense of assisted suicide must also do either of the following:  Intentionally provide another person with the means by which such person directly and intentionally brings about such person's own death.  Intentionally participate in a physical act by which another person directly and intentionally brings about such person's own death. This bill adds that a person also commits the offense of assisted suicide who (i) through any form of communication, intentionally advises or encourages another person to commit suicide for the purpose of inciting, persuading, or aiding the other person to commit or attempt to commit suicide within an imminent period of time and (ii) knows that the other person has communicated an intent to commit suicide. PENALTY Present law provides that assisted suicide is a Class D felony, which has an authorized term of imprisonment of two to 12 years and a fine up to $5,000. However, this bill provides that if the victim of the offense is a minor, then assisted suicide is a Class C felony. A Class C felony has an authorized term of imprisonment of three to 15 years and a fine up to $10,000.

Statutes affected:
Introduced: 39-13-216(a), 39-13-216, 39-13-216(g)